California Small Estate Affidavit: $208,850 Threshold Guide

California's small estate affidavit allows heirs to collect assets without going to court. If the estate's personal property totals $208,850 or less, the heir simply presents an affidavit to banks and other institutions, which then release the assets directly.

No attorney is needed. No filing fee. No court hearing. This is the simplest way to transfer assets in California.

What Is the Small Estate Affidavit?

The small estate affidavit is a legal document under California Probate Code Sections 13100-13116. It is a sworn statement that:

• The total value of the decedent's California personal property is $208,850 or less
• At least 40 days have passed since death
• No probate proceeding is pending
• The person signing is entitled to the property

Financial institutions rely on this affidavit to release funds without requiring probate.

The 2025 Threshold Update

California Assembly Bill 2016 increased the small estate threshold effective April 1, 2025.

The threshold is now indexed for inflation and will continue to adjust.

What Counts Toward the Threshold

Included in the $208,850

• Bank accounts in the decedent's name alone
• Investment accounts without beneficiary designations
• Personal property (furniture, jewelry, art)
• Vehicles titled in the decedent's name alone
• Money owed to the decedent

NOT Included in the $208,850

• Real property (houses, land) regardless of value
• Joint accounts (pass by survivorship)
• Accounts with beneficiary designations (pass to the beneficiary)
• Life insurance proceeds (pass to beneficiary)
• Retirement accounts with beneficiaries (pass to beneficiary)
• Property held in trust (passes per trust terms)

Example Calculation

This estate qualifies for the small estate affidavit ($180,000 is under $208,850).

Requirements

40-Day Waiting Period

You must wait at least 40 days after the decedent's death before using the small estate affidavit. This waiting period is mandatory.

No Pending Probate

A probate proceeding cannot be pending or have been conducted. If someone has already filed for probate, you cannot use the affidavit.

You Must Be Entitled to the Property

You must have a legal right to the assets. This means you are:

• Named in the will, OR
• An heir under California intestate succession (if no will)

Property Must Be in California

The small estate affidavit applies only to property located in California.

Step-by-Step Process

Step 1: Wait 40 Days

No action can be taken until 40 days after death. Use this time to:

• Obtain certified death certificates (3-5 copies)
• Identify all the decedent's assets
• Determine which assets qualify
• Calculate the total value

Step 2: Confirm You Qualify

Verify:

• Total personal property is under $208,850
• No real property is in the estate (or it is being handled separately)
• No probate is pending
• You are entitled to receive the property

Step 3: Prepare the Affidavit

Create a small estate affidavit containing:

• The decedent's name and date of death
• Your name and relationship to the decedent
• A statement that 40+ days have passed since death
• A statement that no probate is pending
• A description of the property you are claiming
• A statement that you are entitled to the property
• A statement that the total value is under $208,850
• Your signature under penalty of perjury

Many financial institutions have their own forms. Ask before preparing your own.

Step 4: Present to Asset Holders

Bring the affidavit and a certified death certificate to each institution:

Banks Present to a branch manager or estate services department. They may require their own affidavit form.

Brokerage Firms Contact the firm's estate or transfer department. Follow their specific procedures.

DMV Use Form REG 5 (Affidavit for Transfer Without Probate) for vehicles.

Other Institutions Insurance companies, employers (for final paychecks), and others may have their own procedures.

Step 5: Receive Assets

Once the institution verifies the affidavit, they release the assets. This typically takes 1-4 weeks.

Personal Liability

By signing the small estate affidavit, you become personally liable for:

• The decedent's debts (up to the value of property received)
• Returning property to the rightful owner if your claim was incorrect
• Any losses caused by false statements

This liability is significant. If the decedent had unpaid debts, creditors can pursue you personally for up to the amount you received.

Small Estate Affidavit vs. Other Options

vs. Full Probate

vs. Spousal Property Petition

The spousal property petition is available only to surviving spouses but has no dollar limit and includes real property.

vs. Real Property Petition

The real property petition (new in 2025) handles primary residences under $750,000.

Combining Procedures

You can use multiple simplified procedures together:

Example:

• Home worth $650,000: Real property petition
• Bank accounts worth $150,000: Small estate affidavit
• Result: Entire estate transferred without full probate

What If You Exceed the Threshold?

If assets exceed $208,850, you cannot use the small estate affidavit. Options include:

Wait for Inflation Adjustments The threshold adjusts for inflation. If you are close to the limit, future increases may qualify the estate.

Remove Non-Qualifying Assets Assets with beneficiary designations do not count. Adding beneficiaries to accounts before death removes them from the calculation.

Use Summary Probate California does not have a "summary" probate like some states, but simplified procedures may still help.

Full Probate If no simplified procedure applies, full probate is required.

Frequently Asked Questions

What is the California small estate limit for 2025?

The limit is $208,850 for personal property, effective April 1, 2025. This applies to estates without real property or where real property is handled separately.

Can I use the small estate affidavit for real estate?

No. The small estate affidavit covers only personal property (bank accounts, vehicles, personal items). Real estate requires probate, a spousal petition, a real property petition, or transfer by other means (trust, joint tenancy, TOD deed).

Do I need an attorney for a small estate affidavit?

No. The procedure is designed to be completed without legal help. However, if the estate is complicated or debts are significant, consulting an attorney may be wise.

What if there are multiple heirs?

All heirs entitled to the property can sign the affidavit together, or one heir can sign and later distribute to others. The signing heir is personally liable for proper distribution.

What happens to debts?

The heir who collects assets using the small estate affidavit becomes personally liable for the decedent's debts up to the value of assets received.

How long does the process take?

After the 40-day waiting period, most institutions process the affidavit within 1-4 weeks. The entire process typically takes 6-8 weeks from death.

Related Guides

• California Small Estate Affidavit Guide
• California Succession to Real Property
• How to Avoid Probate in California
• California Probate Process

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Sources:

• California Probate Code Sections 13100-13116 (Small Estate Affidavit)
• Assembly Bill 2016 (2024)
• California Courts Self-Help Center

This guide provides general information about California's small estate affidavit procedure. Requirements may vary by institution. Consult with a California probate attorney if you have questions about your specific situation.